Cases: Arbitration

Arbitration: 4/1 DCA Follows Second District Decisions Holding Employer Wanting Arbitration Needs To Timely Pay Arbitration Expenses Under Penalty Of Litigating In Court

Cases: Arbitration

Facts Here Were That Employer Obtained Stay Of Court Case, But Did Not Timely Pay Arbitration Fees.             Although the procedural context was a little different because employer obtained an arbitration stay and then failed to timely pay fees for a contractual arbitration against employee, the 4/1 DCA followed the lead of Second District cases […]

Arbitration: Fees Incurred By Out-of-State Attorney and Pre-Arbitration Fees Were Correctly Allowed By Arbitrator

Cases: Arbitration

Attorney Did Not Represent Client So As To Practicing In Unauthorized Fashion And Pre-Arbitration Fees Fell Within Broad Arbitration Clause.             Arbitration fee awards are hard to overturn, as 1600 Barberry Lane 8 v. Mikles, Case No. D081775 (4th Dist., Div. 1 Jan. 17, 2024) (unpublished) establishes that well, in line with prior posts under

Arbitration: LASC Appellate Division Opinion Gives Guidance On MFAA Service Deadlines And Equitable Relief Theories

Cases: Arbitration

Technical Discussions Across The Board, But Deadlines For Practitioners To Keep In Mind.             Folke v. Pulliam, Case No. BV033781 (L.A. Super. Ct. Oct. 6. 2023, posted for publication on Nov. 1, 2023) did consider the timeliness of serving a petition to vacate an arbitration award rendered under the Mandatory Fee Arbitration Act, Bus.

Arbitration: $4.5 Million In Attorney Investigative Fees And $36,653 In Post-Arbitration Confirmation Costs To Prevailing Parties Affirmed On Appeal

Cases: Arbitration

Broad Contractual Dispute Resolution Clauses Supported The Appellate Results.             As we have said many times in this category, arbitration awards—unless against public policy—are hard to overturn because the merits of the award are usually not subject to rescrutiny by trial or appellate courts.  Also, the emerging trend is that post-arbitration court proceedings fees are

Arbitration: $167,315.94 In Attorney’s Fees Under An Arbitration Award Affirmed Where The Arbitration Fees Clause Did Not Prohibit Such A Fees Award And Where The Parties Submitted Fee Issues For Arbitral Resolution

Cases: Arbitration

Acquiescence Was A Key Predicate For Appeal Affirmance.             In Fidelity National Title Co. v. Mehta, Case No. B309988 (2d Dist., Div. 1 June 27, 2023) (unpublished), an arbitrator awarded about $440,000 in compensatory damages which were affirmed on appeal (even after reversal of a trial court deletion of consequential damages) and also awarded $167,315.94

Arbitration: Substantial Fee Awards Of Around $672,000 By An Arbitrator Under A Contractual Fees Clause Are Affirmed On Appeal

Cases: Arbitration

Arbitrator’s Fee Clause Interpretation Was Immune From A Merits Challenge.             In Mikali v. Benyamini, Case No. B316525 (2d Dist., Div. 5 May 16, 2023) (unpublished), an arbitrator interpreted a fees clause under a contractual agreement with an arbitration and fees clause, awarding certain defendants, respectively, $639,119 in fees and $32,647 in fees.  The trial

Arbitration, Prevailing Party: Attorney Fees And Costs Award Of $334,458.41 Affirmed Against Plaintiff Attorney Who Achieved, Under A Confirmed Arbitration Award, A Monetary Recovery Of A Small Bit Of The $3,720 In Fees He Sought From Defendant Client

Cases: Arbitration, Cases: Prevailing Party

The Award Was Governed By The Statutory Fee Provisions Provided For By The Mandatory Fee Arbitration Act, Not The Parties’ Contract Fee Provision.             Under the MFAA (Bus. & Prof. Code, § 6200 et seq.), enacted to eliminate bargaining power disparity between attorneys and clients trying to resolve fee disputes, neither party to a

Arbitration, Prevailing Party, Reasonableness Of Fees: Client Who Reversed Post-MFAA De Novo Trial Results And Who Confirmed The Prior Arbitration Award Was The Prevailing Party

Cases: Arbitration, Cases: Prevailing Party, Cases: Reasonableness of Fees

Because Client Had To Hire Appellate Attorneys Reversing The De Novo Trial Results, Client Was Awarded $334,458.11 In Fees/Costs—Affirmed By The Appellate Court.             Soni v. Cartograph, Inc., Case No. B316270 (2d Dist., Div. 5 Mar. 23, 2023) (unpublished) is quite a megillah of an arbitration/litigation odyssey about a client-attorney dispute over fees.  Looks like

Arbitration: Arbitration Fee Clause Saying That Both Sides Bear Their Own Fees, Subject To Reallocation By Arbitrator, Did Aid Substantive Unconscionability Determinations By Trial And Appellate Courts

Cases: Arbitration

CLRA Claims Require Bad Faith Prosecution To Award Prevailing Party Fees To Defendants, With The Clause Not Covering This Eventuality.             Gostev v. Skillz Platform, Inc., Case No. A164407 (1st Dist., Div. 2 Feb. 28, 2023) (published) is a must read for litigants and their attorneys on the enforceability of delegation and other arbitration damage/statute

Arbitration, Employment: Where Defendant Employer Lost Small Merits Award And Fee Award After Reconsideration By Arbitrator, But Did Not Timely File Motions To Correct Or Vacate, Fee Award Had To Be Affirmed

Cases: Arbitration, Cases: Employment

Bright-Line Rules On Arbitration Procedures Adopted, With Plaintiff Employee Entitled To Fees On Appeal.             This case may have more tips for practitioners and jurists when it comes to deadlines for parties seeking to correct and vacate arbitration awards, especially where a timely motion to confirm an arbitration award is made.  However, we briefly summarize

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